Product Liability Law, Upholding and Protecting the Rights of America’s Buying Public

Manufacturers have the following legal duties:

  • Make sure that their products are safe and will not cause harm;
  • Include on their products’ labels all vital instructions or warnings that consumers need to know; and,
  • Indicate clearly and accurately on product labels all of the product’s ingredients.

False claims regarding what a product can do is a deception, an act that can result to a lawsuit, especially if, besides not giving the results it claims to give, it ends up causing harm to users.

Product liability is that area of the law that holds manufacturers, distributors, suppliers, retailers, and all those who are part of the distribution chain liable for the harm caused by defective and injurious products.

Through the product liability law, the rights of America’s buying public are upheld and protected; it is also aimed at ending the thousands of injuries that dangerous and defective products cause American consumers every year. This task, of making sure that consumers get exactly what they pay for and not end up taking home a defective or dangerous product, is assigned to the U.S. Bureau of Consumer Protection of the Federal Trade Commission.

A product defect includes failure to fulfill claims or promises made about a particular product or service. One example is a universal remote control that is claimed to be able to control all electronic equipment in your home, but ends up controlling only your TV.

Thousands of tort suits or product liability claims due to injuries caused by defective products are filed against product manufacturers every year. Unfortunately, despite all the laws that require compliance with federal quality standards, so many defective or poorly made products still escape the watchful eyes of authorities, get displayed in stores and sold to millions of unsuspecting American consumers who trust that what they purchase are safe and without defects. This is not the case, however, as can be proven by the injuries and deaths that have already been reported, traced, proven and documented by the United States Consumer Products Safety Commission (CPSC). Some of these reported cases include:

  • Close to 30,000 electric blankets which, when folded or bunched, have the tendency to overheat and burn the user;
  • Dell’s 200,000 laptop batteries, which showed risks of overheating and causing fire;
  • 220,500 harmful children’s toys; and,
  • The Ortho Evra® birth control patch that can cause death after causing the development of blood clots in the user;

According to Ontario personal injury lawyers of Mazin & Associates, PC, “Defective products are generally borne out of negligence or a careless party failing to exercise the reasonable standard of care when handling the product. In serious cases, faulty products may cause serious injury or disability to anyone who uses them.

There are a variety of factors to take into consideration when addressing product liability. The existence of a faulty product is not enough to warrant litigation. It must also be proven that a particular product defect caused your injuries. Product defect can be attributed to a range of areas, including:

  • Defective household products
  • Toxic food products and containers
  • Dangerous childcare products and toys
  • Dangerous drugs
  • Defective vehicles
  • Manufacturing defects
  • Design defects

To make a claim against a defective product, you additionally must prove that you were not mishandling or misusing the product in a way that would cause injury or negative side effects. Thus, if it can be proven that a defective product has caused injury to you or a member of your family, the decision is yours to hold the responsible parties accountable.

Nuva Ring and Dangerous Products

People living in the United States have access to highly evolved forms of medicine. Before 1960, women didn’t have access to birth control pills but now, there are numerous forms of hormonal contraceptives. In addition to oral contraceptives, birth control is available in the form of a patch, an implant, a vaginal ring, a shot, and an intrauterine device. With the guidance of their doctors, women make informed decisions about which birth control form suits them best based on their lifestyle, predisposed medical conditions, and personal preferences.

Women enjoy access to these pharmaceutical innovations as pharmaceutical companies enjoy the financial benefits of catering to a high-demand market. Unfortunately, as hormonal birth control advances at a quick rate, women often take a birth control remedy that isn’t proven completely safe yet. As pharmaceutical contraceptives prove to be advantageous, they also prove to be dangerous products. Women are at a higher risk than men of experiencing complications from blood clots. Whenever women take birth control, this risk increases. Hormonal birth control multiplies this pre-existing risk unnecessarily in some women.

Women who are aware of pre-existing blood-pressure problems typically opt to take progestin-only birth control pills, as combination progestin-oestrogen pills cause the most circulatory issues. However, many women who suffer from blood clot complications due to their hormonal birth control do not display any pre-existing risk for developing blood clots.

The NuvaRing is appealing to many women as a contraceptive because it is convenient. The NuvaRing is inserted into the vagina and remains for 21 days. After 21 days, it is removed for 7 days. Women who can’t remember to take a pill daily find this option very user-friendly. However convenient women find this form of birth control, according to the website of the attorneys at Williams Kherkher, the hormonal birth control method NuvaRing has caused complications like blood clotting, deep vein thrombosis, pulmonary embolism, and stoke. More than 1,000 lawsuits against NuvaRing may go to trial the fall of 2013.